Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review
…100: “Ripoff Report Defeats Extortion Claim, But Plaintiffs Keep Trying–AEI v. Xcentric.” Lists of Yore Previous top 10 lists from 2009, 2008, 2007 and 2006. Before that, John Ottaviani and…
Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
…liability argument. The court’s response: it ordered the ad networks not to pay any money to Pharmatext and to drop them as customers. From the PACER report, it appears that…
CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. Valueclick
…to a Senate Report that says that states laws prohibiting things like “fraudulent or deceptive headers, subject lines, or content” should not be preempted “because they target behavior that a…
Ripoff Report Ordered to Stop Publishing User-Submitted Report–Giordano v. Romeo
…would ask Ripoff Report to remove the post. Ripoff Report–following its standard no-removal policy–said no. The plaintiff then went back to court, got permission to add Ripoff Report back into…
Nov.-Dec. 2010 Quick Links, Part 5
…This is one of those doctrinally troubling rulings that I choose to ignore because it’s a default judgment. See the magistrate report and the judge’s adoption. * Latest NYT article…
Nov.-Dec. 2010 Quick Links, Part 2
…Congress to the FCC’s power grab and the likelihood that the courts will say the FCC overstepped its authority, are these DOA? * The FTC released a report, Protecting Consumer…
Ripoff Report Isn’t Bound By Injunction Against User Post–Blockowicz v. Williams
…Ripoff Report. They obtained a default injunction against the posters requiring removal of the posts. With this default order and the defendants AWOL, the Blockowiczs approached Ripoff Report and other…
Court Unlocks Allegedly Infringing Domain Name Based on Ineffectual Email Service — Station Casinos, Inc. v. Murphy
…enforce the judgment but the court rejected Arden’s arguments. It’s unclear as to whether the court orders the domain name transferred to Rip-off Report or whether Rip-off Report has to…
Court: Search of Contents of Student Cell Phone Covered by Qualified Immunity — J.W. v. Desoto County School Dist.
…it OKs a search of the contents of the phone based on a report from a student that a message from another student that is “either threatening or criminal or…
Court Finds That Threatening Video Posted to YouTube and Facebook Can Constitute a “True Threat” — US v. Jeffries
[Post by Venkat] US v. Jeffries, 10-CR-100 (E.D. Tenn) (Report and Recommendation; Oct. 22, 2010) Background: The defendant was charged with transmitting a video through interstate commerce which contained a…